November 11, 2007 0 comments
What is EB-1? and what are the document requirements for EB-1 petitions?
A: EB-1 is the Employment-Based First Preference Immigration. An EB-1 petition consists of Form I-140 and supporting documents to show that the beneficiary meets the EB-1 criteria. There are no specific documents that are required under the immigration laws and regulations. However, if filing an EB1-Extraordinary Ability (EB1-EA or EB-1A) petition, you should include documentation demonstrating that you qualify as an Alien of Extraordinary Ability.
What are the alternative evidences of applying for aliens of "extraordinary ability"?
A: Since very few person receive international award like Nobel Prize, alternative evidences of this EB1-EA classification, based on at least three of the types of evidence outlined below, are permitted:
- Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
- Membership in associations in the field which demands outstanding achievement of their members;
- Published material about the alien in professional or major trade publications or other major media;
- Evidence that the alien has judged the work of others, either individually or on a panel;
- Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
- Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
- Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
- Performance of a leading or critical role in distinguished organizations;
- Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
- Evidence of commercial successes in the performing arts.
What is the major advantages of applying for aliens of "extraordinary ability"?
- No labor certification is required for this EB-1 category;
- No job offer or permanent job position is required for aliens of extraordinary ability;
- Much fast to obtain a Green Card than the EB-3 or EB-2 immigration categories.
What categories are included in the Employment-Based First Preference Immigration ("EB-1")?
This category is for "priority workers." This category includes multinational managers and executives eligible for transfer to the United States, outstanding researchers or professors at universities or with private employers who have established research departments, and aliens of "extraordinary ability" in the sciences, arts, education, business, or athletics.
Your priority date is the date that the USCIS receives your EB-1 petition. Nevertheless, the priority date is irrelevant in most cases, as the EB-1 category has high priority to the USCIS processing centers.
The EB1-EA case is a self-petition case, meaning that an employer does not need to sign the petition form. On the other hand, the EB1-Outstanding Researcher or Outstanding Professor case is employer specific, and the employer must sign the petition form. Due to the second preference quota situation for those from mainland China and India, first preference cases offer some advantages worth considering. For those concerned about NIWs, EB1-Extraordinary Ability and EB1-Outstanding Researcher or Outstanding Professor may be options worth pursuing.
There is no specific minimum publication requirement; rather, it is determined by USCIS on a case-by-case basis.
May a Ph.D. student apply for an EB-1? I will get my Ph.D. soon, and may not get a job offer immediately after the graduation, may I file an immigration application now, or I have to extend my F-1 visa?
There are many successful cases of Ph.D. students obtaining Green Cards in the EB-1 category. Even if you are unable to get a job offer within a short period of your graduation, you may still want to file EB1-EA or NIW petition now. If you can get a practical training job, you may use the OPT time to proceed your I-140 petition.
If your I-140 petition gets approved, you can immediately file Form I-485 and receive the employment authorization (EAD). Once your Form I-485 is filed, your status becomes legal even if you do not have a permanent job.
If your petition for EB1-EA is unsuccessful, you can apply again in the future. A previously rejected petition does not bar you from submitting another petition subsequently, regardless which classification is concerned. However, Unless your circumstance has improved, it is not advisable to simply submit a similar petition again. You will not be able to claim the priority date of the previous petition. But unless the 6 year maximum of your H-1B visa is approaching, losing a priority date is not always an issue, because there is no waiting line for a visa number in EB-1 classifications for most time.
What is a "Request for Additional Evidence"?
Sometimes the USCIS is not convinced that the alien petitioning under an EB-1 category has met the burden to prove that an applicant qualifies for the EB-1 category. In such cases, they will typically submit a "Request for Additional Evidence" or "Request for Evidence (RFE)" seeking certain forms of evidence that the USCIS finds lacking. An applicant should take great care to present a strong case, so that it may be approved without a request for additional evidence. Nevertheless, there is no way to predict how a USCIS officer reviewing a particular case will respond, and sometimes even the strongest of cases receive a "Request for Additional Evidence"
Posted by lisa
Categories: Extraordinary Ability Application